THE INVESTIGATION

In other states, ammonium nitrate laws vary; federal regulation still in limbo

Written byMATT JACOB and JAMES DREW | STAFF WRITERS

Published November 3, 2013

Texas isn’t the only state with a law specifically regulating facilities that handle ammonium nitrate fertilizer.

South Carolina was the first to act, 10 months after the Sept. 11, 2001, terrorist attacks. Others include Iowa, New York, New Jersey, Nevada, Michigan, Maryland and Oklahoma.

Missing from that list is Missouri — which uses the most ammonium nitrate in the country. Joe Slater, one of Missouri’s top fertilizer regulators and secretary of the Association of American Plant Food Control Officials, said his state is waiting for the federal government to implement the Secure Handling of Ammonium Nitrate Act.

AMMONIUM NITRATE STORAGE LAWS

All state laws specifically regulating facilities that handle ammonium nitrate fertilizer seek to enhance the security of a product that terrorists have used previously in the construction of bombs.

South Carolina, 2002: First state to enact a law regulating ammonium nitrate.

New York, 2005: Retailers are subject to quarterly visits by state horticultural inspectors.

Oklahoma, 2005: Fines up to $10,000 can be assessed to facilities that don’t comply with the law.

New Jersey, 2005: Definition of “restricted commercial fertilizer” includes any that can be considered a “destructive device” or “explosive.”

Congress enacted that legislation in 2007, strengthening the Department of Homeland Security’s power to track the sale of ammonium nitrate. DHS, to date, has failed to implement such a policy.

“I think that as soon as the federal regulations come down, all my people will stop handling the material,” Slater said. “They’re not going to jump through the hoops that the feds are going to put in place.”

But that didn’t stop South Carolina. In addition to requiring facilities to obtain a special permit for the distribution of ammonium nitrate fertilizer, the state also publishes a training manual to familiarize permit holders about changes to the law and specific security considerations.

Among a series of questions listed in the manual:

■ Is the perimeter secure? Fenced and locked? Inspected daily for signs of attempted entry, vandalism and structural integrity?

■ Is the facility secure? Locked? Outside lights working and adequate to cover the entire facility and parking areas?

■ Are security systems in good working order? Cameras operational? Alarms functional? Have security guards been considered for after business hours?

David Howle, assistant director of regulatory services for the South Carolina Department of Plant Industry, said the state hasn’t yet implemented annual facility inspections. He said it is something administrators are considering.

While each state law has explicit language that instructs distributors to keep close tabs on who purchases ammonium nitrate, there is little uniformity on secure-storage practices.

The Iowa law, for instance, says the ammonium nitrate must be housed “in a location which secures it from unauthorized access, and which prevents and provides for the detection of its theft.”

New York, much like Texas, stipulates that “reasonable protection may include, but not be limited to ensuring that storage facilities are fenced and locked when unattended, and inspected daily for signs of attempted entry, vandalism and structural integrity.”

Only Oklahoma’s law — enacted in 2005 — defines specific fines for a failure to comply. For instance, facilities that are not secured or that do not maintain adequate records are subject to a fine of $1,000 to $10,000 on their first violation — with stiffer penalties for subsequent citations.■